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Human Rights Commission
In a landmark 2014 report, the Waitangi Tribunal
reaffirmed that rangatira did not grant sovereignty
to the British. Having the Tribunal validate the
understanding of their tīpuna rangatira was a
triumph for tangata whenua.
Rangatira did not cede their sovereignty in
February 1840; that is, they did not cede their
authority to make and enforce law over their
people and within their territories. Rather, they
agreed to share power and authority with the
Governor. They and Hobson were to be equal,
but with different roles and different spheres of
influence… But the rangatira did not surrender
to the British the sole right to make and enforce
law over Māori. It was up to the British, as the
party drafting and explaining the treaty, to
make clear that this was their intention. Hobson’s
silence on this crucial matter means that the
Crown’s self-imposed condition of obtaining full
and free Māori consent was not met (Waitangi
Tribunal, 2014, pp. 526–7).
Despite this, the Crown “hastily and peremptorily
dismissed” the Tribunal’s findings (Independent
Working Group on Constitutional Transformation,
2018, p. 55), because conceding would have had
constitutional implications for Aotearoa. Even after
major Treaty settlements in the 1990s, the Crown in the
2000s, showed little sign of recognising any significant
form of rangatiratanga (Hill, 2009, p. 9).
Wars of sovereignty and
unjust legislation
Questions regarding the limited powers of
kāwanatanga, granted to the Crown, and the
rangatiratanga, retained by Māori, created tensions
between the Crown and Māori. This led to wars
perpetrated by the Crown on Māori. The first war
began five years after the signing of Te Tiriti and
continued for another 20 years with significant
warfare over land, with rangatira and hapū
resisting European expansion and settlement
(Belich, 1988, p. 15):
Nineteenth century Māori fought in defence of
mana and land in the Wairau, Northland, the Hutt
Valley, Whanganui, Taranaki, Waikato, the Bay of
Plenty, the central North Island, the East Coast
and Hawke’s Bay. Titokowaru Riwha and Te Kooti
Arikirangi Te Turuki led guerrilla campaigns across
the central North Island. Māori won many battles
but, like other minority indigenous populations,
were unable to win the war against a colonial
government able to apply larger numbers of
settlers, overwhelming military resources, and
divide-and-rule strategies to extinguish the flames
of those it labelled as rebels.
During the darkest days of these campaigns,
colonial cavalry charged and sabred to death
Māori youths foraging for geese at John Handley’s
woolshed, near Pātea (Cowan, 1923, p. 260);
bounties were paid for Māori heads in South
Taranaki (Simpson, 1979, p. 189); four prisoners
were summarily executed at Ngātapa (Belich,
1986, p. 266); surrendering Māori were shot at
Rangiaowhia (Cowan, 1922, pp. 343-347); noncombatant men, women and children were
starved and shot during the scorched-earth
invasion of the Urewera Forest (Cowan, 1923, pp.
337-361); and Auckland Māori were expelled, or
interned and forced to wear coloured armbands.
Imprisonment, land confiscations, dubious land
sales and wholesale European settlement of
ancestral lands followed (R. Taonui, Māori Urban
Protest Movements, in D. Keenan, Huia Histories,
2011, p. 230).
Historically Pākehā have termed these conflicts ‘The
Land Wars’ or in the case of Belich (1988) ‘The New
Zealand Wars’. More correctly, they can be termed
‘The Wars of Sovereignty’ because this “more aptly
recognises them as colonising wars to take power”
(Jackson, 2016) or ‘The Pākehā Wars on Māori’
because that is exactly what they were (Taonui, 2021).
The New Zealand Settlements Act 1863
and the Suppression of Rebellion Act 1863
The aftermath of the wars saw the application of
unjust legislation to suppress Māori.
Lands were confiscated through an Order in Council,
under the New Zealand Settlements Act (1863), which